Peadar Tóibín (Meath West, Aontú)
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1428. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to scams which have emerged across the country where websites and bad actors advertise private rental properties and take large online deposits from prospective tenants for properties which actually do not exist. [41212/25]

James Browne (Wexford, Fianna Fail)
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My Department nor I have any function in relation such scams. A prospective tenant should report any such scam to An Garda Síochána.

The Residential Tenancies Acts 2004-2025 (RTA) regulates the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the RTA to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.

The Residential Tenancies (No. 2) Act 2021 was signed into law on 9 July 2021 and limits, in respect of tenancies created on or after 9 August 2021, the amount of rent in advance (maximum of 1 month’s rent) and/or a deposit (maximum of 1 month’s rent) that can be required to secure a tenancy. Accordingly, the maximum upfront payment can be no more than 2 months’ rent and any ongoing advance rent payment during a tenancy can only cover 1 month’s rent. This legal provision greatly reduces the financial exposure to tenants on foot of paying much restricted upfront payments.

The RTB also has an Investigations and Sanctions Unit empowered to investigate and sanction, if appropriate, improper conduct by a landlord. The seeking by a landlord of an amount or amounts of upfront payments that contravene the restrictions introduced in 2021 is included as improper conduct under the RTA. The Investigations and Sanctions Unit may investigate on foot of information received from members of the public or its own information. A sanction may comprise one or all of the following: a written caution, a financial penalty of up to €15,000 and up to €15,000 in respect of RTB investigation costs.